E-2 Visa: Mexico to U.S.A.

E-2 Visa: Mexico to U.S.A.


Mexicans can use the E-2 visa to gain entry into the United States. The program is reserved for countries that have a business treaty with the U.S. Once in the United States, the Mexican national is expected to start a business that will see the creation of jobs in the U.S.’s economy.

There are some qualifying factors that must be met by all E-2 applicants. Some are easy, while others are complicated. That is why it is important to hire an immigration attorney so that they can help review your specific situation and take the appropriate measures. The visa is obtained upon filing an application at the consulate office in Mexico.

The Mexican Must Head Company Operations

The U.S. consulate office in Mexico requires all applicants in the country to first invest a considerable amount of money before embarking on their visa petition. Applicants are therefore required to attach documents that serve as solid evidence of investment in a business in the U.S.

Contracts should be generated that ensure the investment funds are held in escrow. The purchase of the business can’t be completed until the E-2 visa is issued.

The Mexican Petitioner Has To File An Application and Pay Visa Charges

Mexican nationals who are applying for E-2 visas are required to fill form Ds-160. In fact the application is said to be only half complete if this form has not been filled. Getting the form is easy because simply download it from the embassy’s website.

There is a visa application fee that has to be paid by all applicants. Once you have paid the fee, you should forward your receipt to the consulate officers so that they can book you an interview. Mexican applicants who have not yet honored this requirement can not schedule an interview.

Every E-2 petitioner has to prove that they are citizens of Mexico. Aliens have to go back to their respective countries and file their petitions from their home country. An applicant has to produce a passport that has been issued by Mexico’s department of immigration. The passport should not be full because the visa stamp can only be placed on an empty page.

Idle Businesses Are Not Allowed

Mexican in the E-2 program are to establish a businesses in the United States. Owning a business is not sufficient, because it has to generate adequate profits that can sustain the owner and the owner’s dependents as well as some U.S. employees.

It therefore goes without saying that marginal investments do not qualify for the E-2 visa. This determination is concluded by calculating the amount spent by the Mexican to obtain the business and the anticipated profits that the business is estimated to produce.

Buying a franchise business in the U.S. is a wise choice to fulfill the E2 visa business requirement, because a well run franchise will provide you with a proven success model and business plan. The business plan can be provided with your E-2 visa application. You can capitalize on the stability and name recognition of past franchise success. Therefore avoiding the unnecessary risk of investing in an unknown business or starting from scratch.

Substantiality of The Business Investment Has To Be Met

Every Mexican applicant should be ready to spend over a $100,000 on an investment project in the U.S. A project that involves a marginal amount of money can easily be wiped out by changing market trends. Despite that, a business should be able to generate adequate profits such that employees are paid on time to keep the operations going.


How to Fund Your E-2 Business

Since E-2 projects involve a large investment of money, every Mexican investor has to declare the source of their investment funds. The consulate officers require all E-2 investors to fund their projects using legal funds. You will not be allowed to proceed with the investment if you can not account for the source of your funding.

Money can be obtained from friends and family members in form of gifts. You are also allowed to dispose any of your assets that are situated in Mexico to get the necessary funds. But you have to produce the transfer documents and receipts that may have been issued following the sale of your properties and assets.

If a Mexican investor has been engaged in any form of employment, they must provide copies of their pay slips or income statements. You can also apply for a bank loan to finance your E-2 business project. However, you should use your other assets in Mexico as collateral because you can’t secure any loan with the E-2 business.

A Lawyer Increases Your Chances of Being Granted a Visa

You may not be sufficiently knowledgeable in legal issues and so it is wise to hire an immigration attorney to file the E-2 visa application on your behalf. Immigration attorneys have the knowledge to handle an E-2 petition, so your chances of being issued the visa will be greatly improved.

An immigration attorney can represent you if you have completed form G-28. The form seeks to obtain the contact details of the lawyer such as their phone number, fax number and email address. It also serves as the official notification to the consulate office about the immigrations lawyer’s participation in the E-2 visa petition.

2 Americans Are Required Be Hired

A Mexican investor should ensure that there are at least 2 U.S. nationals working in the U.S. based business. This requirement applies to both acquired and startup enterprises because the project would not be beneficial if there are no jobs that result from the Mexican’s investment in the U.S.

The two native workers must be working for the Mexican investor as full time employees. Furthermore, they have to be on the company’s payroll before the end of two years. If the company has already been acquired, the Mexican investor should enclose the employees’ W-9 forms to show that they have been paying personal income tax.

The Spouse and Family of the Investor Is Welcome

The spouse and kids of an Mexican applicant are entitled to dependent visas upon the approval of the primary E-2 visa applicant. The spouse must be legally married to the applicant otherwise they will not be allowed to come with them to the U.S. Children who are not yet 21 years of age are also included in this clause. But children will be required to apply for independent visas upon turning 21 years of age.